18 U.S.C. § 3042 — Extraterritorial jurisdiction

Page 689 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3042 Pub. L. 109–162, title XI, § 1172(a), Jan. 5, 2006, 119 Stat. 3123, added item 3051. 2005—Pub. L. 109–59, title IV, § 4143(c)(2), Aug. 10, 2005, 119 Stat. 1748, added item 3064. 1996—Pub. L. 104–294, title VI, § 605(n), Oct. 11, 1996, 110 Stat. 3510, added item 3059B. 1994—Pub. L. 103–322, title XXXIII, § 330010(18), Sept. 13, 1994, 108 Stat. 2144, inserted a period at end of item 3059A. 1990—Pub. L. 101–647, title XXXV, § 3570, Nov. 29, 1990, 104 Stat. 4928, struck out item 3054 ‘‘Officer’s powers in- volving animals and birds’’. Pub. L. 101–647, title XXV, § 2587(b), Nov. 29, 1990, 104 Stat. 4905, as amended, effective as of date section 2587(b) of Pub. L. 101–647 took effect, by Pub. L. 103–322, title XXXIII, § 330011(a), Sept. 13, 1994, 108 Stat. 2144, added item 3059A. 1988—Pub. L. 100–690, title VI, § 6251(b), Nov. 18, 1988, 102 Stat. 4362, substituted ‘‘Investigative powers of Postal Service personnel’’ for ‘‘Powers of postal per- sonnel’’ in item 3061. Pub. L. 100–582, § 4(b), Nov. 1, 1988, 102 Stat. 2959, added item 3063. 1984—Pub. L. 98–587, § 1(b), Oct. 30, 1984, 98 Stat. 3111, substituted ‘‘Powers, authorities, and duties of United States Secret Service’’ for ‘‘Secret Service powers’’ in item 3056. Pub. L. 98–473, title II, § 204(e), Oct. 12, 1984, 98 Stat. 1986, substituted ‘‘Repealed’’ for ‘‘Security of the peace and good behavior’’ in item 3043 and added item 3062. 1970—Pub. L. 91–375, § 6(j)(38)(B), Aug. 12, 1970, 84 Stat. 782, substituted ‘‘postal personnel’’ for ‘‘postal inspec- tors’’ in item 3061. 1968—Pub. L. 90–578, title III, § 303(b), Oct. 17, 1968, 82 Stat. 1118, struck out reference to ‘‘Rule’’ in item 3060. Pub. L. 90–560, § 5(b), Oct. 12, 1968, 82 Stat. 998, added item 3061. 1951—Act Oct. 31, 1951, ch. 655, § 56(f), 65 Stat. 729, struck out item 3051 ‘‘Extradition agent’s powers’’. § 3041. Power of courts and magistrates For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States mag- istrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the ex- pense of the United States, be arrested and im- prisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their ap- pearances to testify in the case. A United States judge or magistrate judge shall proceed under this section according to rules promulgated by the Supreme Court of the United States. Any state judge or magistrate acting hereunder may proceed according to the usual mode of procedure of his state but his acts and orders shall have no effect beyond deter- mining, pursuant to the provisions of section 3142 of this title, whether to detain or condi- tionally release the prisoner prior to trial or to discharge him from arrest. (June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 89–465, § 5(a), June 22, 1966, 80 Stat. 217; Pub. L. 90–578, title III, § 301(a)(1), (3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 98–473, title II, § 204(a), Oct. 12, 1984, 98 Stat. 1985; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 591 (R.S. § 1014; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956). This section was completely rewritten to omit all provisions superseded by Federal Rules of Criminal Procedure, rules 3, 4, 5, 40 and 54(a) which prescribed the procedure for preliminary proceedings and exami- nations before United States judges and commissioners and for removal proceedings but not for preliminary ex- aminations before State magistrates. Editorial Notes AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘determining, pursu- ant to the provisions of section 3142 of this title, wheth- er to detain or conditionally release the prisoner prior to trial’’ for ‘‘determining to hold the prisoner for trial’’. 1968—Pub. L. 90–578 substituted ‘‘United States mag- istrate’’ and ‘‘magistrate’’ for ‘‘United States commis- sioner’’ and ‘‘commissioner’’, respectively. 1966—Pub. L. 89–465 substituted ‘‘or released as pro- vided in chapter 207 of this title’’ for ‘‘or bailed’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–465 effective ninety days after June 22, 1966, see section 6 of Pub. L. 89–465, set out as an Effective Date note under section 3146 of this title. § 3042. Extraterritorial jurisdiction Section 3041 of this title shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdic- tion, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any of- fense against the United States in any country where it exercises extraterritorial jurisdiction. Such fugitive first mentioned may, by any of- ficer or representative of the United States vest- ed with judicial authority in any country in which the United States exercises Page 690 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 3043 extraterritorial jurisdiction and agreeably to the usual mode of process against offenders sub- ject to such jurisdiction, be arrested and de- tained or conditionally released pursuant to sec- tion 3142 of this title, as the case may be, pend- ing the issuance of a warrant for his removal, which warrant the principal officer or represent- ative of the United States vested with judicial authority in the country where the fugitive shall be found shall seasonably issue, and the United States marshal or corresponding officer shall execute. Such marshal or other officer, or the deputies of such marshal or officer, when engaged in exe- cuting such warrant without the jurisdiction of the court to which they are attached, shall have all the powers of a marshal of the United States so far as such powers are requisite for the pris- oner’s safekeeping and the execution of the war- rant. (June 25, 1948, ch. 645, 62 Stat. 815; Pub. L. 98–473, title II, § 204(b), Oct. 12, 1984, 98 Stat. 1985.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 662b (Mar. 22, 1934, ch. 73, § 1, 48 Stat. 454). Words ‘‘crime or’’ before ‘‘offense’’ were omitted as unnecessary. Words ‘‘and the Philippine Islands’’ were deleted in two places as obsolete in view of the independence of the Commonwealth of the Philippines effective July 4, 1946. Words ‘‘its Territories, Districts, or possessions, in- cluding the Panama Canal Zone or any other territory governed, occupied, or controlled by it’’ were omitted as covered by section 5 of this title defining the term ‘‘United States’’. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘detained or condi- tionally released pursuant to section 3142 of this title’’ for ‘‘imprisoned or admitted to bail’’. [§ 3043. Repealed. Pub. L. 98–473, title II, § 204(c), Oct. 12, 1984, 98 Stat. 1986] Section, acts June 25, 1948, ch. 645, 62 Stat. 816; Oct. 17, 1968, Pub. L. 90–578, title III, § 301(a)(2), 82 Stat. 1115, related to authority of justices, judges, and mag- istrates to hold to security of the peace and for good behavior. See section 3142 of this title. § 3044. Complaint—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Contents of complaint; oath, Rule 3. (June 25, 1948, ch. 645, 62 Stat. 816.) § 3045. Internal revenue violations Warrants of arrest for violations of internal revenue laws may be issued by United States magistrate judges upon the complaint of a United States attorney, assistant United States attorney, collector, or deputy collector of inter- nal revenue or revenue agent, or private citizen; but no such warrant of arrest shall be issued upon the complaint of a private citizen unless first approved in writing by a United States at- torney. (June 25, 1948, ch. 645, 62 Stat. 816; Pub. L. 90–578, title III, § 301(a)(2), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 594 (May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘United States mag- istrates’’ for ‘‘United States commissioners’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Executive Documents ABOLITION OF OFFICES OF COLLECTOR AND DEPUTY COLLECTOR OF INTERNAL REVENUE Offices of Collector and Deputy Collector of Internal Revenue abolished by Reorg. Plan No. 1 of 1952, § 1, eff. Mar. 14, 1952, 17 F.R. 2243, 66 Stat. 823, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees, and the offices of ‘‘district commissioner of in- ternal revenue’’, and so many other offices, with titles to be determined by Secretary of the Treasury, were es- tablished by section 2(a) of the Plan. § 3046. Warrant or summons—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Issuance upon complaint, Rule 4. Issuance upon indictment, Rule 9. Summons on request of government; form; contents; service; return, Rules 4, 9. (June 25, 1948, ch. 645, 62 Stat. 816.) § 3047. Multiple warrants unnecessary When two or more charges are made, or two or more indictments are found against any person, only one writ or warrant shall be necessary to commit him for trial. It shall be sufficient to state in the writ the name or general character of the offenses, or to refer to them only in gen- eral terms. (June 25, 1948, ch. 645, 62 Stat. 816.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 602 (R.S. § 1027). Minor changes were made in phraseology. § 3048. Commitment to another district; re- moval—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Arrest in nearby or distant districts; informative statement by judge or magistrate judge; hearing and removal; warrant; Rule 40.